Is Weed Legal in the Algarve?
In Portugal, including the Algarve, cannabis is not legal. However, personal use and possession in small amounts are decriminalised. This distinction means that while cannabis is technically illegal, individuals found with small quantities for personal use will not face criminal prosecution. Instead, they may be subject to administrative measures. It is important to understand the difference between decriminalisation and legalisation to avoid confusion.
What Decriminalisation Means in Practice
Since 2001, Portugal has maintained one of the most progressive drug policies in Europe. Under national law, the possession and consumption of small quantities of drugs, including cannabis, is treated as an administrative offence rather than a criminal one. A personal-use amount is defined as no more than a ten-day supply. For cannabis, this typically means up to 25 grams of herbal cannabis or 5 grams of hashish. If an individual is caught with these amounts, they are referred to a dissuasion commission rather than being arrested or prosecuted in court. This commission may issue a warning, recommend treatment, or impose a fine, depending on the circumstances.
Recreational Cannabis Remains Illegal
Despite the decriminalised status for personal possession, recreational cannabis is still illegal in Portugal. Possessing cannabis beyond the permitted limits, smoking in public places, or any form of trafficking or sale can lead to criminal charges and potential prison sentences. Growing cannabis plants at home is also illegal, even for personal use. In the Algarve, these rules are strictly applied, so anyone caught with more than the permitted amount could face legal consequences.
Medical Cannabis Is Allowed Under Strict Rules
Medical cannabis was legalised in Portugal in 2018. However, its use is tightly regulated. Only qualified doctors can prescribe cannabis-based products, and only for specific health conditions such as chronic pain, multiple sclerosis, or treatment-resistant epilepsy. These products must be obtained through licensed pharmacies. Even patients with valid prescriptions are not permitted to grow cannabis at home. The use of medical cannabis is restricted to those with genuine medical needs and must be managed by healthcare professionals.
What to Expect in the Algarve
As part of Portugal, the Algarve follows the same national drug policy. This means that someone caught with less than 25 grams of cannabis flower or 5 grams of hash for personal use is unlikely to face criminal charges. Instead, they may be required to attend a meeting with a dissuasion panel. Public consumption, however, is not tolerated and may result in fines. Selling cannabis, or possessing it in larger quantities, is still treated as a serious offence under Portuguese law.
Public Attitudes and Cautions for Tourists
While Portugal is often seen as relaxed about cannabis, visitors should not assume that it is freely available or legally tolerated. There are no licensed cannabis dispensaries or coffee shops. Offers from street dealers in tourist areas are illegal and potentially unsafe. Cannabis bought from such sources may not be genuine or could be laced with other substances. Tourists are advised to be cautious and discreet. While some locals may use cannabis privately, this does not equate to full acceptance or legality.
Conclusion
Cannabis is not legal in the Algarve. The use and possession of small amounts for personal use have been decriminalised, which means they are no longer criminal offences, but they are still unlawful. Recreational use in public, cultivation, or sale remains illegal and can lead to prosecution. Medical cannabis is permitted in limited circumstances and under strict control. If you are visiting or living in the Algarve, it is important to understand the legal boundaries to avoid unexpected trouble.